[Deathpenalty] death penalty news----TEXAS, PENN., VA., N.C., ALA., OHIO

[Rick Halperin]

April 19



TEXAS:

Bluntson trial begins


Following several months of pre-trial hearings and a very lengthy jury 
selection process the much anticipated capital murder trial of Demond Bluntson, 
the man accused of killing 2 children at a Laredo hotel has begun.

Bluntson is accused of killing his girlfriend's sons in 2012 inside a hotel 
room.

Opening statements started Monday morning in the 49th district courtroom by 
district attorney Chilo Alaniz who is personally prosecuting the case for the 
state.

As the jury was seated the DA re-read the charges against Bluntson which are 
2-counts of assaulting a peace officer and 2 counts of murder.

The DA begin his opening statement by telling the jury that they were going to 
be taken to a nightmarish place, he then went on to show them pictures of the 2 
children.

In hand enlarged pictures of 6 year old Jaden Allen Thompson and 21-month old 
Deveon Bluntson, telling the jury that the case was about them.

Blutson visible affected by the pictures shaking his head throughout the entire 
opening statement and even at one point getting into a verbal back and forth 
with the DA.

The defense also put on their opening statement, they'll be focusing on the 
process saying police entered the hotel room without a warrant and against 
procedure.

Defense attorney Oscar Pena says police should have called in hostage 
negotiators and people trained to deal with hostage situations.

Going on to say that had they done that the 2 children could have been alive 
today.

For his part, Bluntson seemed agitated, even interrupting his attorney asking 
to represent himself.

The trial is expected to last 3 weeks, the DA is seeking the death penalty in 
this case.

(source: KGNS TV news)

***************

Social Media Ban Could Curb Free Speech Behind Bars


The "Walls Unit" in Huntsville, where Texas' death row is located. Prisoner 
advocates say they're concerned a new Texas Department of Criminal Justice 
social media policy could prevent them from relaying information about their 
clients on the inside.

Prison reform activists are concerned that a new state social media policy 
could be used to infringe on the free speech rights of both incarcerated people 
and and those who support them by sharing their stories, thoughts and 
experiences online.

According to the Texas Department of Criminal Justice's (TDCJ) "Offender 
Orientation Manual," updated in early April, "Offenders are prohibited from 
maintaining active social media accounts for the purposes of soliciting, 
updating, or engaging others, through a 3rd party or otherwise."

Under the updated manual, prisoners can be penalized for infractions in a 
number of ways, including by receiving extra work duties or being confined to 
their cells.

Lily Hughes, the national director of Campaign to End the Death Penalty, said 
that she's concerned the policy could not only infringe on prisoners' rights, 
but also prevent her group from creating online advocacy pages for their 
clients.

"The rule is written as to be so broad as to include anything," said Hughes, 
who fears that prisoners may be punished for online activity that her group has 
undertaken on their behalf.

In an emailed statement, TDCJ said that the rule was intended to stop prisoners 
from using "social media accounts to sell items over the internet based on the 
notoriety of their crime, harass victims or victims' families, and continue 
their criminal activity."

TDCJ spokesperson Jason Clark said that the primary goal of the policy is to 
encourage social media networks like Facebook, Twitter and Instagram to shut 
down prisoners' profiles. "There has been no disciplinary action taken at this 
time against an offender," Clark told the Observer.

The Electronic Frontier Foundation (EFF), a nonprofit that defends digital 
civil liberties, called the policy "digital censorship."

"[A] person does not lose all of their rights to participate in public 
discourse when they are incarcerated," wrote Dave Maas, an investigative 
researcher at EFF.

Azzurra Crispino, an ethics professor at Austin Community College and an 
organizer with Prison Abolition and Prisoners Support (PAPS) who tweets on 
behalf of a man in solitary confinement in Lubbock, echoed Hughes' concerns.

"This is clearly an overreach in terms of the TDCJ trying to limit my ability 
to speak," said Crispino, who fears her online activity on behalf of prisoners 
could be prohibited under the rule. "I'm not an inmate, so I should have 
absolutely no restriction on my free speech, either legally or morally. But 
most importantly, it makes it harder for prisoners to mount a defense."

Via Twitter

Crispino tweets on behalf of an advocacy group for a man named Xinachtli, who 
was known as Alvaro Luna Hernandez until his recent conversion to Islam. He has 
spent almost 14 years in solitary confinement. According to his advocates, he 
disarmed a West Texas sheriff before fleeing arrest for aggravated robbery, 
charges which were later dropped. He was taken into custody after a shoot-out 
and convicted of assaulting the sheriff.

Crispino compared the regulation to Philadelphia's "Revictimization Relief 
Act," which sought to suppress journalistic efforts by prisoners, including 
black power activist Mumia Abu-Jamal, a frequent contributor to prison reform 
newsletters and radio programs. Abu-Jamal is serving a life sentence for the 
murder of a police officer, though Amnesty International has said his trial 
"did not meet international standards" for justice. A federal judge struck down 
the Philadelphia act in April 2015, calling the law "manifestly 
unconstitutional."

When asked whether Facebook pages like the Inside Books Project, which provides 
reading material to the incarcerated, would pose a problem for TDCJ, Clark said 
no. Similarly, he said, both a page operated by the family of death row inmate 
Rodney Reed and a PAPS tweet soliciting letters on behalf a woman incarcerated 
in Nevada would be acceptable under the new policy.

As an example of what the policy is meant to address, Clark offered the 
Facebook page of convicted serial killer Elmer Wayne Henley, Jr. Before 
Facebook deleted it, the page sparked an international media controversy 
because of his use of the page to promote a line of jewelry.

Hughes remained unconvinced by the state's assurances. "To have something so 
broadly written that it could target any of the advocacy pages is definitely 
abridging our rights," she said. "We have a right to talk about these cases."

Matt Simpson, a senior policy strategist for the ACLU of Texas, told the 
Observer that he worries about the new social media policy's impact on a 
prisoner's ability to re-enter society.

"The vast majority of prisoners return to their communities, where they rely on 
friends and family for support," he said. "This rule clearly fails to 
acknowledge the critical role of social networks in helping individuals 
overcome the challenges they face when reentering our communities, such as 
finding steady and stable employment."

(source: Texas Observer)






PENNSYLVANIA:

Should statements from accused state-trooper shooter be played in open court? 
Hearing set for Thursday


It's not hard to see how a survivalist could hide for more than a month in the 
remote, mountainous areas of Pike County in northeastern Pennsylvania.

Exits from the highway head into small towns surrounded by acres of seemingly 
endless wilderness.

And some of these towns were on high alert in the fall of 2014 as helicopters 
zoomed overhead and officers in camouflage scoured the hillsides looking for 1 
man.

(source: pennlive.com)






VIRGINIA:

Don't ask Va. pharmacists to break the law


Gov. Terry McAuliffe is proposing that pharmacists in Virginia and elsewhere 
secretly agree to assist with executions.

It isn't the 1st time this has been suggested: Lawmakers from both parties 
rejected this proposal last year because - in the words of Del. Rick Morris 
from Carrolton - "the people ought to know how the government transacts its 
business."

Despite this, McAuliffe is trying again to pass his secrecy proposals. 
Professional pharmacists remain central to his plans.

This Virginia pharmacist of 40 years has a message for the governor: What 
you're asking undermines everything our profession stands for, and is actually 
against the law.

Pharmacists' personal views on the death penalty are as varied as everybody 
else's. But secretly preparing or providing chemicals to end people's lives is 
the opposite of the ethical and legal obligations of our profession.

Before retiring to become a full-time pastor in 2014, I spent 4 decades as a 
pharmacist in Richmond, looking after the health and well-being of Virginians 
from all walks of life.

I became a pharmacist to make people's lives better. My father before me was a 
Virginia pharmacist, and I knew from watching him that this was the job for me.

Medicines are made to save lives, not end them. They're not designed, or 
tested, to kill people. Using untrained persons to administer them for 
executions is an inappropriate and dangerous practice, as recent botched 
executions have shown.

Keeping pharmacies out of the execution process is not just a point of 
principle. Federal law says drugs must be prescribed to a specific patient for 
a medicinal purpose. An execution clearly does not qualify.

The director of Virginia's Board of Pharmacy raised this concern previously 
with the governor's administration, according to The Washington Post. But the 
governor is still asking pharmacists to participate in a process he knows will 
breach federal law.

McAuliffe seems to think that pharmacists will be satisfied if their 
participation is kept secret, and exempted from scrutiny by state regulators. 
This fundamentally misunderstands the nature of our profession.

Running a pharmacy requires doing things by the book and paying scrupulous 
attention to every detail. We welcome inspection and rely on regulation, 
because mixing medicines without proper scrutiny is reckless and wrong.

This is particularly important when it comes to preparing the kind of 
compounded medicines the governor wants to use in executions. Even small errors 
or lapses in compounding can have grave consequences.

In 2012, badly compounded medicines led to a nationwide outbreak of fungal 
meningitis which claimed 64 lives. After this, it was clear that the practice 
of compounding needed more effective supervision. In response, the federal 
government passed laws and regulations to increase the scrutiny of compounding 
pharmacies to protect the public.

McAuliffe proposes the opposite approach - to give irresponsible compounders 
insulation from regulation - preventing the state taking action if a compounder 
supplied bad drugs that led to a botched execution.

If a pharmacist in Virginia were responsible for the kind of death row 
horrorshow that has tarnished other states' reputations, taxpayers would expect 
to see them sanctioned. Under McAuliffe's proposal, such medical malpractice 
would be protected and condoned.

Pharmacists themselves would be the first to reject this. In 2015 the American 
Pharmacists' Association, which represents 62,000 professionals across the 
United States, passed a declaration against pharmacist involvement in capital 
punishment.

The APhA's position is clear: it "discourages pharmacist participation in 
executions on the basis that such activities are fundamentally contrary to the 
role of pharmacists as providers of healthcare."

Virginia's attorney general has argued that trading in chemicals to be used in 
executions no more involves the practice of medicine then does "a carpenter ... 
who takes a syringe and injects some glue into a woodworking joint." This is a 
wild mischaracterization of what is involved in executing a person, but helps 
drive home the point that professional pharmacists have no place in the 
process.

Pharmacists do more than make sure each patient has the correct medicine in the 
correct dose. They are a community's most accessible and visible health 
professionals. They help people, and they're seen to help people. That's what 
the job is about.

By asking pharmacists to retreat behind a curtain of secrecy, and cause harm 
rather than prevent it, we do these dedicated professionals an unforgivable 
disservice.

(source: Guest Columnist; Leonard Edloe is president of the American 
Pharmacists Association Foundation and pastor of New Hope Fellowship in 
Hartfield ----Virginian-Pilot)






NORTH CAROLINA:

Opening statements begin in Catawba Co. triple murder trial


Opening statements will begin Tuesday in a triple murder trial in Catawba 
County.

After more than 2 weeks, prosecutors have picked 12 jury members and 2 
alternates for Everette Hewitt's trial.

He's accused of killing Wade Sigmon, Susan Blevins and Connie Miller at Oak 
Knoll Mobile Home Park in Conover in March, 2011. He is also accused of 
shooting Joseph Burke in the neck.

Burke survived.

Hewitt, 37, turned down a plea deal last month because the judge couldn't 
guarantee a maximum 19-year prison sentence.

The state is pursuing the death penalty against him.

The trial is expected to last a month.

(source: WSOC TV news)






ALABAMA:

Attorney for man accused of murdering ex-wife against death penalty in case


The attorney for the Decatur man charged with 4 counts of capital murder for 
allegedly shooting his ex-wife to death says the death penalty is 
unconstitutional, according to the Decatur Daily.

Roger Stevens was in court Monday in Morgan County when the judge allowed his 
lawyer to to argue against the death penalty on his behalf.

The Decatur Daily reports Stevens' attorney told the judge he didn't want to 
waive his constitutional rights after a ruling was made on the state's death 
penalty.

Last month, a Birmingham judge ruled Alabama's death penalty sentencing system 
was unconstitutional. If convicted, Roger faces life in prison or the death 
penalty.

Kay Stevens was found dead at the Decatur bakery she owns. She filed requested 
a protection from abuse order last October after filing for divorce in May 
2014. Morgan County Circuit Judge Jennifer Howell denied Kay Stevens' request 
Oct. 20, 2014.

(source: WAAY news)






OHIO:

Pilkington continues to push to drop death penalty


Legal arguments on dozens of defense motions to weaken the prosecution's 
capital murder case against Brittany Pilkington are months away.

The 24-year-old Bellefontaine woman was charged in late August with 3 counts of 
aggravated murder, each carrying the possibility of death. She is accused of 
smothering her 3 young sons over a 13-month period.

Her defense team led by Kort Gatterdam have filed 59 motions, most covering 
procedural issues such as jury questioning, court instructions given to the 
jury and handling of evidence and discovery.

Mr. Gatterdam filed 6 more motions April 1, seeking once again to dismiss the 
death penalty specification by citing a U.S. Supreme Court ruling in January 
regarding Florida's law.

An earlier motion to dismiss the death penalty provisions was previously 
dismissed by Logan County Common Pleas Court Judge Mark S. O'Connor.

Chief Assistant Prosecutor Eric Stewart said Florida law differs from Ohio's 
and he intends to argue the death penalty is constitutionally applicable in 
this case.

Mr. Gatterdam also is asking the court to hold separate trials for each count 
which might be a roundabout way to scuttle the death penalty component.

The indictments against Ms. Pilkington took into account a continuing course of 
action to add the death penalty specification.

3 separate trials could make it harder to seat juries and limit any mention of 
a continued course of action during the separate penalty phases.

Ms. Pilkington's team continues to push to have statements she made to 
detectives of the Bellefontaine Police Department thrown out.

Detectives spent hours with her Aug. 18 after the 3rd son, Noah, a-month-old 
infant, was found dead in his crib.

They had developed a rapport with the mother while investigating the deaths of 
infant Niall on July 22, 2014, followed by Gavin, 4, on April 6, 2015.

She allegedly confessed to smothering all 3 as they slept.

Judge O'Connor has given prosecutors until April 27 to respond to the latest 
motions. He also has set a 4-day hearing from July 19 through 22 to hear 
arguments on the defense motions.

Mr. Gatterdam is actively involved in a major federal gang trial in Columbus 
and will need time to prepare for the motion hearings.

Ms. Pilkington's 4-week trial is set to start Oct. 18.

(source: Bellefontaine Examiner)